Please read these Terms of Use carefully before using this site. By using this site and/or mobile application, you agree to these Terms of Use, as amended from time to time with or without notice to you. Kurplink, Inc. on behalf of itself and its subsidiaries (collectively “GamerGreen”), reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and you agree to be bound by such modifications, alterations or updates. This site and the services provided to you are provided on an “AS IS” basis. You agree that GamerGreen reserves the right to modify or discontinue this site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. GamerGreen will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Trademarks, Copyrights & Restrictions

This site is controlled and operated by GamerGreen, 4653 Carmel Mountain Road, Suite 308-134, San Diego, CA 92130. The phone number is 858-96GAMER. Email address info@GamerGreen.com. All materials on this site, including, but not limited to images, illustrations, audio clips, and video clips, are protected by copyrights that are owned and controlled by GamerGreen. Material from www.GamerGreen.com or any website owned, operated, licensed or controlled by GamerGreen may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other website or networked computer environment is prohibited.

Privacy

GamerGreen has a minimum age requirement of 13 and encourages children to consult with their parents before furnishing data. However, GamerGreen believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.

We do not seek to acquire information specifically from children under the age of 13 on the GamerGreen websites or mobile applications.

The materials in the Web Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, GamerGreen disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. GamerGreen does not warrant that the functions contained in the Web Sites (the “Service”) will be uninterrupted, error-free, accurate, reliable, of any quality, that defects will be corrected, or that the Web Sites or the server that makes them available are free of viruses or other harmful components, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. GamerGreen does not make any representations regarding the use or the results of the use of the materials in the Web Sites in terms of their correctness, accuracy, reliability, or otherwise. Visitors (and not GamerGreen) assume the entire cost of all necessary servicing, repair or correction. You understanding and agree that GamerGreen does not provide professional advice of any kind and that any advice or any other information obtained via the Web Sites may be used solely at your own risk. Applicable law may not allow the exclusion of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other Terms of Use remain enforceable notwithstanding. The material that visitors read in the Web Sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in any bulletin boards, chat rooms, or other forums including social media outlets which may be conducted on the Web Sites (collectively “Forums”) are not necessarily those of GamerGreen’s or its affiliated or related entities or content providers and GamerGreen makes no representations or warranties regarding that information or those opinions. Furthermore, neither GamerGreen, nor its content providers is responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the Web Sites.

Prizes and Redemption

GamerGreen shall establish the amount, structure, availability, process and other criteria for prize redemption (including the amount of G-Tickets necessary to redeem each prize), all of which are subject to modification, cancellation or limitation at GamerGreen’s discretion, with or without notice. The amount of G-Tickets required to redeem any prize may be substantially increased or decreased, any prize may be withdrawn, and restrictions on any prize or its redemption may be imposed at any time. GamerGreen may prohibit prize redemption for any user at its discretion or when required by law or otherwise. Prices of prizes are subject to change without notice. Pictures shown on the website, display monitors, posters, print and non-print advertisements and mobile application are for illustration purpose only. Actual products may vary. Colors may vary. Product may be replaced with similar product of equal or value. All sales are final. GamerGreen is not responsible, and cannot be held liable for prizes awarded to an event that is canceled due to circumstances beyond our control. GamerGreen is not responsible for faulty or defective items. GamerGreen, its agents, its agencies, its users and representatives shall not be liable for any claim, injury or damage from any product redeemed or prizes awarded.

GamerGreen, its agents, its agencies, partners, clients and affiliates are not responsible for typographical errors, outdated or incorrect prize prices seen on; including but not limited to: amusement vending equipment, posters, print or non-print advertisements, display monitors, social posts and emails indicating differentiating prize prices not listed on the website or mobile application.

G-Tickets Expiration and Values

G-Tickets accrued in a user’s account shall be maintained in the account until it is redeemed for an award or until it expires, whichever occurs first. Any user who fails at any time to add more G-Tickets to their account for a period of twelve (12) consecutive months is subject to termination of such users’s membership and/or forfeiture of all accrued G-Tickets. GamerGreen may, but shall have no obligation to, send a user a notification of G-Tickets nearing expiration.

Unentered and/or unscanned variable data codes and QR codes are subject to expire twelve (12) months after being printed or submitted for print to its users, its agents, its agencies, its partners, its clients or affiliates. GamerGreen is not responsible for the G-Ticket values of expired codes.

Variable data code values and QR code values produced by GamerGreen or through GamerGreen enabled devices that do not have specific printed G-Ticket values, included but not limited to: decals, hangtags, cards, vending capsule inserts, print and non-print advertisements and game receipts are subject to change without notice.

User or Customer Entity and Immediate Family Member Disqualification

The officers, directors, employees, contractors, vendors and agents of GamerGreen included but not limited to, distributors and vending operators, and any entity involved in the sponsorship, development, production, partnership, implementation and distribution of any product or codes used on this platform, as well as their respective parents, affiliates, divisions, subsidiaries and successor companies, and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any prize redemption and do not qualify as valid users. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension. GamerGreen may, due to suspicion of any mention of the above points, question the user the method of finding a code(s), as well as cancel any order that was redeemed using code(s), including deactivating user account.

Suspicious Activity
If GamerGreen for any reason whatsoever suspects suspicious activity in regards to G-Tickets, prize redemptions, or anything else related to www.gamergreen.com or the mobile application, we reserve the right to deactivate and ban the user’s account in question or reduce the number of G-Tickets earned without notice.

Sweepstakes, Contests and Promotions.

We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

Co-Promotion Partners:

The GamerGreen Website may offer opportunities to enter a contest or sweepstakes or other feature that we offer jointly with a third party. As a result of your participation in such feature, your information may be shared with the third party that is jointly offering the feature, which will be disclosed at the time your information is collected.

Submissions

Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of GamerGreen throughout the universe, and GamerGreen shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When visitors submit material to GamerGreen or the Web Sites, visitors agree that GamerGreen has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.

GamerGreen is not responsible for any material posted on its Forums, including, but not limited to social media sites such as Facebook, Twitter, etc. Visitors shall not submit or otherwise publish through such Forums any content which:

Libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening;

Infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;

Violates any law

Advocates illegal activity

Advertises or otherwise solicits funds or is a solicitation for goods or services

Impersonates or misrepresents your association with any person or entity

Conceals or misrepresents the origin thereof

Emails and Postings Received
Do not post any threatening or libelous emails or material on this site that would be considered a violation of any law. GamerGreen will fully cooperate with any law enforcement authorities or court order requesting or directing GamerGreen to disclose the identity of anyone posting any such emails or materials. Furthermore, GamerGreen maintains full authority to remove and ban users for continued misconduct with other users, GamerGreen employees and all other partners, clients associated with GamerGreen. Being banned and removed will lead to user account deletion and complete loss of G-Tickets. Conduct including but limited to: harassment, threats, vulgar language, verbal and written abuse can lead to being banned by GamerGreen.

Device Information
When you download and use our Services, we automatically collect information on the type of device you use and the operating system version so that we may provide you with the correct version of our application.

Information Sharing
We may share your personal information with third parties. We may also disclose your personal information:

As required by law, such as to comply with a subpoena, or similar legal process

When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request

If GamerGreen is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Business Transfers.

We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes. GamerGreen or any of its assets, including the GamerGreen Website and Kurplink database, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets for the transaction. In such a case, your Personal Information may be one of the business assets we transfer. Hence, GamerGreen reserves the right to disclose and transfer user information, including Personal Information in connection with a corporate merger, consolidation, restructuring, reorganization, the sale of certain stock and/or assets, or other corporate change including, without limitation, during the course of any due diligence process.

Surveys
We may provide you the opportunity to participate in contests or surveys. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as ZIP code).We use this information to notify contest winners and award prizes, to monitor site traffic or personalize the site (in the case of anonymous information collected in surveys), to send participants an email, or contact if there are issues. We may use a third-party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

Tracking Technologies
Technologies such as cookies, beacons, tags, and scripts are used by us and our tracking utility company who provides online customer support. These technologies are used in improving the user experience for completing forms for the reservation process, tracking behaviors so that we can provide relevant messaging and improve the overall experience, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

Analytics / Log Files
As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. This data is used to track Internet usage and behavior so that we can retarget you with relevant messaging and to improve the user experience.

Local Storage
Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity use Local Storage also known as HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

Behavioral Advertising/Retargeting
We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.

Mobile Analytics
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application, as we do not collect any personal information through the application.

Service Providers
We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order, processing your payment, or offering customer services. These companies are authorized to use your personal information only as necessary to provide these services to us.

Indemnification

You agree to indemnify and hold harmless GamerGreen and its representatives, subsidiaries, affiliates, related parties, officers, directors, shareholders, employees, agents, representatives, independent contractors, advertisers, partners, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or in connection with the Web Sites, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMERGREEN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMERGREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THE WEB SITES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.

In some jurisdictions, GamerGreen is not permitted to limit liability, and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, GamerGreen’s maximum liability shall be limited to $100.00.

Waiver of Punitive Damages Claims & Class Actions

By this Agreement, you and GamerGreen both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Reservation of Rights

GamerGreen reserves all rights, including but not limited to any and all Intellectual Property, patents, trade secrets, and any other proprietary right that it may have in respect to the Web Sites, the content thereof, and goods and services that may be provided. By making services available to you, GamerGreen is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Web Sites or services or any and all Intellectual Property, patents, trade secrets and any other proprietary right that GamerGreen may have with respect to the Web Sites without GamerGreen’s prior written consent.

Security

GamerGreen.com uses commercially reasonable safeguards to help protect and secure your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. GamerGreen does not ensure or warrant the security of any information you transmit to us; your use of the GamerGreen Website and information you provide us is at your own risk.

California Privacy Rights
California Civil Code Section 1798.83 allows our California customers to request certain information regarding our disclosures in the prior calendar year, if any, of personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at GamerGreen ATTN: California Privacy Rights 4653 Carmel Mountain Road, Suite 308-134, San Diego, CA 92130 and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty (30) days of receipt.

Applicable Law

You agree that these Terms of Use and any dispute arising out of your use of the Web Sites or products or services provided will be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California. Any action visitors, any third party or GamerGreen bring to enforce, in connection with these Terms of Use or any matters related to the Web Sites shall be brought only in either the state or federal courts located in San Diego, California, and visitors expressly consent to the jurisdiction of said courts. By using the Web Sites, you accept that jurisdiction is granted to the courts of California located in San Diego County, and that any disputes will be heard by said courts.

Unless otherwise specified, the materials in the Web Sites are presented solely for the purpose of entertainment and promoting programs, services and other products available in the United States, its territories, possessions, and protectorates. The Web Sites are controlled and operated by GamerGreen from its offices within the State of California, United States of America. GamerGreen makes no representation that materials in the Web Sites are appropriate or available for use in other locations. Those who choose to access the Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by GamerGreen.